Fun Academy – Terms of Service 2017-05-26T06:34:07+00:00

Fun Academy Terms of Service

This website and its original contents are proprietary to Fun Academy. Its contents shall not be used or distributed or otherwise communicated, disclosed or reproduced for any other purpose without the prior written consent of Fun Academy.

These Terms of Service (“Terms”) govern your access to and use of Fun Academy’s website, products, and services (“Products”). Please read these Terms carefully, and contact us if you have any questions. By accessing or using our Products, you agree to be bound by these Terms and by our Privacy Policy. You also confirm you have read and agreed to our Acceptable Use Policy and Cookies Policy.

Occasionally we may, in our discretion, make changes to these Terms. When we make material changes to the Terms, we will provide you with prominent notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Products or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Products after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Products under the new version of the Terms, you may terminate your use of the Products by deleting your account.

The Products may not be available in some countries and may be provided only in selected languages. The Products may be network dependent, contact your network service provider for more information.

1.   About Fun Academy Services

Fun Academy (“FA”) services are divided in two connected products: “Fun Learning” and “Fun Academy Kindergarten Digital” (“Products”).

Fun Learning is a set of tools intended for education professionals and other interested parties for creating, sharing and discussing content and topics primarily related to educational matters.

Fun Academy Kindergarten Digital is a gamified platform for exploring, viewing, playing and enjoying educational content. Curated third party content on the platform is mostly intended for pre-school and school age children.

The Products may be connected by use of tools (such as for content creation), published content, or by connecting users on the platforms, so you may see some cross-over even if you are user of only one product.

2.   Who Can Use Fun Academy Products?

You may use our Products only if you can form a binding contract with FA, and only in compliance with these Terms and all applicable laws. When you create your FA account, you must provide us with accurate and complete information. If you open an account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf. Some of our Products may be software that is downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade those Products, and these Terms will apply to such upgrades.

Subject to these Terms and our policies (including our Acceptable Use Policy) we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Products.

If you use our Products for publishing content created by you, you must also agree to our Publishing Terms.

There is necessarily no age limit for using the services, but if you are under aged (in most countries meaning under 18 years old), you must have guardians consent for joining the service. For any paid for Products, you must be over 18 or have your guardian set up the account

3.   Using Fun Academy Products

Here’s some information about the use of FA Products.

FA offers a selection of tools, services and content related to educational matters, partly as streaming type services. Certain FA products are provided to you free-of-charge. Other products and services require payment before you can access them. You can learn more about our services by visiting our website.

We will explain which services are available to you when you are signing up for the services. If you cancel your subscription, or if your subscription is interrupted (for example, if you change your payment details), you may not be able to re-subscribe. Note that FA retains the right to alter the classification of products and services and free-of-charge services may become chargeable or visa-versa.

From time to time, we or others on our behalf may offer trials for a specified period without payment or at a reduced rate (a “Trial”). FA reserves the right, in its absolute discretion, to determine your eligibility for a Trial, and, subject to applicable laws, to withdraw or to modify a Trial at any time without prior notice and with no liability, to the greatest extent permitted under the law.

For some Trials, we’ll require you to provide your payment details to start the Trial. AT THE END OF SUCH TRIALS, WE MAY AUTOMATICALLY START TO CHARGE YOU FOR THE APPLICABLE PAID SUBSCRIPTION ON THE FIRST DAY FOLLOWING THE END OF THE TRIAL, ON A RECURRING MONTHLY BASIS. BY PROVIDING YOUR PAYMENT DETAILS IN CONJUNCTION WITH THE TRIAL, YOU AGREE TO THIS CHARGE USING SUCH PAYMENT DETAILS. IF YOU DO NOT WANT THIS CHARGE, YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION THROUGH YOUR FA ACCOUNT’S SUBSCRIPTION PAGE OR TERMINATE YOUR FA ACCOUNT BEFORE THE END OF THE TRIAL. IF YOU DO NOT WANT TO CONTINUE TO BE CHARGED ON A RECURRING MONTHLY BASIS, YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION THROUGH YOUR ACCOUNT’S SUBSCRIPTION PAGE OR TERMINATE YOUR ACCOUNT BEFORE THE END OF THE RECURRING MONTHLY PERIOD. PAID SUBSCRIPTIONS CANNOT BE TERMINATED BEFORE THE END OF THE PERIOD FOR WHICH YOU HAVE ALREADY PAID, AND EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, FA WILL NOT REFUND ANY FEES THAT YOU HAVE ALREADY PAID. THE LIMITATION SECTION SETS FORTH ADDITIONAL TERMS REGARDING CANCELLATION OF YOUR PAID SUBSCRIPTION.

4.   Rights We Grant You

We grant you a limited, non-exclusive, revocable licence to make use of the FA Products, and a limited, non-exclusive, revocable licence to make personal, non-commercial, entertainment use of the Content (the “Licence”). This Licence shall remain in effect until and unless terminated by you or FA. You promise and agree that you are using the Content for your own personal, non-commercial, entertainment use and that you will not redistribute or transfer the Content.

The Content is licensed, not sold, to you, and FA and its licensors retain ownership of all copies of the Content even after installation on your personal computers, mobile handsets, tablets, and/or other relevant devices (“Devices”).

All FA trademarks, service marks, trade names, logos, domain names, and any other features of the FA brand are the sole property of FA or its licensors. The Agreements do not grant you any rights to use any FA brand features whether for commercial or non-commercial use.

You agree to abide by our User guidelines and not to use the FA Products, the Content, or any part thereof in any manner not expressly permitted by the Terms. Except for the rights expressly granted to you in these Terms, FA grants no right, title, or interest to you in the FA Products or Content.

Third party software (for example, open source software or image libraries) included in the FA Products are licensed to you either under these Terms or under the relevant third party library’s licence terms as may be published on their website.

5.   Security and Privacy

We take your privacy very seriously. Please read through our Privacy Terms to find out why and what kind of information we collect, store and use.

We also take your data security seriously. While we work to protect the security of your content and account, FA cannot guarantee that unauthorized third parties will not be able to defeat our security measures. We ask that you keep your password secure. Please notify us immediately of any compromise or unauthorized use of your account. Please also note that you are accountable for actions under your user name, so please do keep your login information secure.

6.   Posting, Sharing and Using Content

FA allows you to post content, including photos, comments, links, and other materials. Anything that you post or otherwise make available on our Products is referred to as “User Content.” You retain all rights in, and are solely responsible for, the User Content you post to Products.

By posting, you grant FA and our users a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, store, display, reproduce, save, modify, create derivative works, perform, and distribute your User Content on Products for the purposes of operating, developing, providing, and using the Products. Nothing in these Terms shall restrict other legal rights FA may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies.
Following termination or deactivation of your account, or if you remove any User Content from Products, we may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, FA and its users may retain and continue to use, store, display, reproduce, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared through Products.
If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, FA does not waive any rights to use similar or related Feedback previously known to FA, or developed by its employees, or obtained from sources other than you.

Please note that when you publish content or information, it means that you are allowing everyone, including people off of FA, to access and use that information, and to associate it with you (i.e., your name and profile picture).

You will not post content or take any action on FA Products that infringes or violates someone else’s rights or otherwise violates the law. FA can remove any content or information you post if we believe that it violates these Terms or our policies, is otherwise illegal, defamatory or incites racial, sexual, religious or other discrimination.

We reserve the right to remove any post (or material included) if we believe it to violate third party rights. If we remove your content for infringing someone else’s copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.

You will not post anyone’s identification documents or sensitive financial information on Products.

7.   Copyright Policy

FA has adopted and implemented the FA Copyright Policy in accordance with applicable copyright laws. For more information, please read our Copyright Policy.

8.   Third Party Content

Our Products may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by FA. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from FA, you do so at your own risk and you agree that FA will have no liability arising from your use of or access to any third-party website, service, or content.

Our Products may also include embedded third party Content. Such Content is intended to be used in connection with the Products only, and you are not to transfer, copy or otherwise use such Content outside of FA Products. This does not preclude you from linking to this Content on other sites, but the Content may not be accessible except for other registered users.

9.   Violation of These Terms or Our Principles

Any violation of these Terms or our policies may result in suspension or deletion of the user account without notice.

10.                 Limitation of Liability

YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE FA SERVICE IS TO STOP USING THE FA SERVICES OR PRODUCTS. WHILE FA ACCEPTS NO RESPONSIBILITY FOR THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO FA, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY APPLICATIONS.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL FA, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OR INABILITY TO USE THE FA SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER FA HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE FA SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO FA DURING THE PRIOR TWELVE MONTHS IN QUESTION, TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW.

Nothing in the Agreements removes or limits FA’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence, and, if required by applicable law, gross negligence. Some aspects of this section may not apply in some jurisdictions if prohibited by applicable law.

11.                 Term and Termination

These Terms will continue to apply to you until terminated by either you or FA. However, you acknowledge and agree that the perpetual licence granted by you in relation to user content, including feedback, is irrevocable and will therefore continue after expiry or termination. FA may terminate or suspend your access to the FA Products at any time, including in the event of your actual or suspected unauthorised use of the FA Product and/or Content, or non-compliance with the Agreements. If you or FA terminate, or if FA suspends your access to the FA Products, you agree that FA shall have no liability or responsibility to you and FA will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. To learn how to terminate your FA account, please contact us through the customer service contact form which is available on our About Us page. This section will be enforced to the extent permissible by applicable law. You may terminate use of FA Products at any time.

12.                 Dispute Resolution and Applicable Law

Except where prohibited by applicable law or provided otherwise herein, the Terms shall be governed by the laws of Finland without regard to its conflict of law provisions.

If you are a US resident the following paragraph shall apply:

The Terms shall be governed by the laws of New York without regard to its conflicts of law provisions. Any dispute relating to these Terms or the Service shall be submitted to binding arbitration in Manhattan, New York within eighteen (18) months of the date the facts giving rise to the suit were known, or should have been known, by the complainant, except that FA may seek injunctive or other relief if you have violated or threatened to violate any intellectual property rights. All matters relating to arbitration shall be governed by the Federal Arbitration Act (9 U.S.C. §1 et. seq.). Arbitration shall be conducted by a single arbitrator under the then prevailing Wireless Arbitration Rules of the American Arbitration Association (“AAA”), Each party must submit any claim which would constitute a compulsory counterclaim in litigation or such claim shall be barred. No award of exemplary, special, consequential or punitive damages shall be permitted. The losing party, as determined by the arbitrator, shall pay the arbitration fees. The arbitrator’s award shall be binding and may be entered as a judgment and enforceable in any court of competent jurisdiction. Arbitration shall be conducted on an individual, not class-wide basis, and no arbitration shall be joined with an arbitration involving any other person or entity.

13.                 Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify and hold FA harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of: (1) your breach of FA Terms or policies; (2) any User Content; (3) any activity in which you engage on or through the Products; and (4) your violation of any law or the rights of a third party.

 

14.                 Disclaimers

The Products and all included content are provided on an “as is” basis without warranty of any kind, whether express or implied.

FA SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

FA takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our Products. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.

15.                 General

Notification procedures and changes to these Terms. FA reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you. By continuing to access or use the Products after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Products.

Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by FA without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

Entire Agreement/Severability. These Terms, together with the Privacy Policy and any amendments and any additional agreements you may enter into with FA in connection with the Products, shall constitute the entire agreement between you and FA concerning the Products. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and FA’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Parties. FA is a worldwide service and our reference to FA in these Terms includes Fun Academy Oy and all of its worldwide subsidiaries.